Island Trading Co. v. Berg Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Berg Brothers, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 28th day of May, 1923, upon the verdict of a jury rendered by direction of the court.
1Opinion of the Court
Finch, J.:
It appears that the plaintiff, a mercantile corporation in the Philippine Islands, procured the opening of a letter of credit in New York city in favor of one Murat Bey, to be drawn on by drafts accompanied by invoices and parcel post receipts evidencing the shipment of the goods invoiced; that plaintiff ordered of Murat Bey certain goods which Murat Bey purchased from the defendant, who, at Murat Bey’s request, forwarded the goods by parcel post to the plaintiff, delivering to Murat Bey the parcel post receipts upon his representation that he would use the same to procure the money…
2Cases cited3 opinions
- Glanzer v. . ShepardNew York Court of Appeals · 1922
- Nichols v. . PinnerNew York Court of Appeals · 1858
- McConnell v. HellwigAppellate Division of the Supreme Court of the State of New York · 1920
3Cited by3 opinions
- Pingleton v. ShepherdSupreme Court of Arkansas · 1951
- Ross v. LeuciCity of New York Municipal Court · 1949
- I-Land Auto Sales, Inc. v. ValleCity of New York Municipal Court · 1958